G.M. Ongc, Shilchar v. ONGC Contractual Workers Union

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GM/ONGC (Oil and Natural Gas Commission) v. ONGC Contractual Workers Union, Civil Appeal No. 4755 of 2001 (decided with T.P. (C) No. 890-892 of 2007), Supreme Court of India, 16 May 2008, Tarun Chatterjee & Harjit Singh Bedi JJ. (judgment delivered by Bedi J.). Appeals against Gauhati High Court Division Bench judgment dated 24.12.1999 (W.A. No. 269/1998) restoring Industrial Tribunal award dated 11 July 1994 directing regularization of Silchar/Cachar project workmen as ONGC employees. Key points: no perversity or patent illegality in Tribunal award; Single Judge wrongly re-appraised evidence; case not regularization simpliciter — real issue was status of workmen (ONGC v. contractor); Tribunal and Division Bench justified in lifting the veil; loosely worded reference no bar as parties knew real issues. Statutes: Contract Labour (Regularisation & Abolition) Act 1970 s.10; Articles 226, 227, 136, 14. Precedents: relied on Sadhu Ram (AIR 1984 SC 1467), R.K. Panda ((1994) 5 SCC 304), SAIL ((2001) 7 SCC 1), Delhi Cloth & General Mills (AIR 1967 SC 469), Pooran Chandra Pandey ((2007) 12 SCALE 304); distinguished Uma Devi ((2006) 4 SCC 1) and appellant's other citations (Ahmedabad MC, Trambak Rubber, Seema Ghosh, KGSD Canteen, M.P. Housing Board, Indian Drugs, Gangadhar Pillai, HAL). Outcome: appeal dismissed, Tribunal award upheld; interim status quo payments of Rs. 7,22,000/- per month noted.